THE TRANSPARENCY IN THE ACTIVITY OF THE INSTITUTIONS OF THE EUROPEAN UNION

THE PRESENT STUDY HAS AS PURPOSE THE PROBLEM OF THE TRANSPARENCY AT THE LEVEL OF THE EUROPEAN UNION, UNDER ITS TWO ASPECTS: THE WAY IN WHICH THE UNION INSTITUTIONS ADOPT LEGAL ACTS AND THE ACCESS OF THE PUBLIC TO THE DOCUMENTS OF THE INSTITUTIONS AND BODIES OF THE UNION. BECAUSE THE TRANSPARENCY IS AN IMPORTANT PRINCIPLE IN ANY DEMOCRATIC SYSTEM, THE UNION, WHICH CONSIDERED ITSELF FROM THE BEGINNING A DEMOCRATIC SYSTEM, COULD NOT LONGER SHIRK ITSELF FROM THIS REQUIREMENT. THAT’S WHY THE TREATY OF AMSTERDAM INTENDED TO COVER THE SO-CALLED “DEMOCRATIC DEFICIT” AND INTRODUCED TWO PROVISIONS RELATED, ONE TO THE OBLIGATION OF THE COUNCIL TO DELIBERATE PUBLICLY WHEN ADOPTING LEGISLATIVE ACTS (THE PARLIAMENT DOING SO ANYWAY) AND OTHER TO THE OBLIGATION OF THE COUNCIL, THE COMMISSION AND THE PARLIAMENT TO GIVE ACCESS TO THE PUBLIC (THAT IS TO ANY NATURAL PERSON RESIDING IN THE UNION, RESPECTIVELY TO ANY LEGAL PERSON HAVING ITS SEAT IN THE UNION) TO THEIR DOCUMENTS (WITH SOME EXCEPTIONS). IF CONCERNING THE FIRST ASPECT THERE IS NO UNION JURISPRUDENCE, FOR THE SECOND ASPECT WE DEALT BOTH WITH THE LEGAL NORMS AND WITH THE JURISPRUDENCE. WE SHOWED THAT, CONTRARY TO WHAT HAPPENED WITH OTHER PRINCIPLES OF THE UNION, WHICH HAS BEEN CONSECRATED BY HE UNION JURISDICTIONS AS GENERAL PRINCIPLES OF LAW, THAT IS NON- WRITTEN, IN THE ABSENCE O LEGAL PROVISIONS, THE TRANSPARENCY HAS BEEN RECOGNIZED BY THE JURISDICTIONS NEITHER AS A GENERAL PRINCIPLE OF LAW, NOR AS A FUNDAMENTAL RIGHT, THE BASIS OF THE JUDICIAL DECISIONS BEING ONLY THE PROVISIONS OF THE TREATIES AND OF THE SECONDARY NORMS.

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